CARNES, Circuit Judge:
Eric Macklin, a prisoner of the state of Florida, appeals from the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We hold that a court of appeals has the discretionary authority to decide in the first instance an abuse of the writ issue that the district court failed to reach. Exercising that authority, we affirm the denial of habeas relief in this case on abuse of the writ grounds...
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